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How notice of protest may be served.
Form of protest and notice.
Notary's fees in Ontario.
23. A notice of such protest shall be sent to each of the parties to the bill or note, and such notice shall be deemed to have been duly served, for all purposes upon the person to whom the same is addressed, if it is deposited in the post office nearest to the place of making presentment of such bill or note, at any time during the day whereon such protest has been made, or the next juridical day then following. C. S. U. C. c. 42, s. 16.
24. Every such protest and notice may be according to the forms set forth in Schedule A to this Act, or to the like effect. C. S. U. C. c. 42, s. 21, part.
25. The fees to be taken by notaries public, for the services hereinafter mentioned, shall be as follows, and no more, that is to say; for the protest of any bill, draft, note or order, fifty cents; for every notice, twenty-five cents; and for postage, the amount actually expended. C. S. U. C.
c. 42, s. 22; C. S. C. c. 57, s. 1.
26. The Act of the Parliament of Great Britain, passed in the fifteenth year of the reign of King George the notes not Third, intituled: "An Act to restrain the negotiation of
Promissory Notes and Inland Bills of Exchange, under a limited sum within that part of Great Britain called England," and the Act of the said Parliament passed in the seventeenth year of his said Majesty's reign, intituled: "An Act for further restraining the negotiation of Promissory Notes and Inland Bills of Exchange, under a limited sum, within that part of Great Britain called England," which are inapplicable to the Province of Ontario, shall not extend to or be in force therein, nor shall the said Acts make void any bills, notes, drafts or orders, which have been or may be made or uttered therein. C. S. U. C. c. 42, s. 1.
27. The following sections of this Act apply to the § 27. Province of Quebec only.
28. The several fees and charges mentioned in schedule to Quebec. B to this Act, relating to the protesting and noting of Notary's bills and notes in the Province of Quebec, together with Quebec. the postages prepaid upon notices deposited at any postoffice, may be claimed from the holder of the bill or note by the notary or justice of the peace, performing such duties, and shall be recovered from such parties thereto as are liable for the payment of the same. C. S. L. C. c. 64, s. 21.
29. The several notings, protests, notices thereof, and Forms in services of notices hereinbefore mentioned, shall be in the forms set forth in the said schedule. C. S. L. C. c. 64, 8. 22.
30. Every person who represents himself to be a notary Penalty for or justice of the peace in the Province of Quebec, and qualified who acts as such in and about the protesting of a bill or notes or note, or in and about the noting of a bill, not being such bills or notary for or justice in the Province of Quebec, is guilty of a misdemeanor, and liable to imprisonment for a term not exceeding six months. C. S. L. C. c. 64, s. 23.
The articles of the Civil Code of Lower Canada relating to this subject will be found in the collection of Statutes not consolidated, and post p. 486.
Schedule A is the form of protest and notice formerly used in Ontario. Schedule B is the tariff for protests in Quebec, given ante p. 441. The Forms appended to this Act have become the first schedule to the Bills of Exchange Act, 1890.
All or any parties lia
ble on one contract may be joined.
CONSOLIDATED RULES OF PRACTICE.
RULE 303. The plaintiff may, at his option, join as parties to the same action all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes: Judicature Act, Rule 93. Same as English Rule 1875, O. 16, r. 5, (1883, R. 128). 0.
By R. S. O. 1877, c. 50, s. 134, it was provided that all the parties to a bill or note might be joined in one action, but by section 135 the non-joinder of any joint drawer, maker, indorser, or acceptor might be pleaded in abatement.
By the present rule it is optional with the plaintiff in actions on bills and notes, as well as in actions on any other contract, to proceed against any one or more of the parties jointly or severally liable. See re Arcedeckne, Atkins v. Arcedeckne, 24 Ch. D. 709; Murray v. Gillett, 18 C. L. J. 78; but one of such parties if sued alone is entitled to have his co-contractors joined; Pilley v. Robinson, 20 Q. B. D. 155.
Under Chancery General Order 62, a plaintiff might select one or more of several persons liable. Under the corresponding English Con. Order (VII. R. 2), it was held in Smith v. Horsfall, 24 Beav. 331, that if the plaintiff chose to sue all or some of them, and the suit became defective or abated by reason of a transmission of the interest of one of them, he could not afterwards proceed against the other. This gloss on the Order was described as highly technical: Gray v. Lewis, L. R. 8 Chy. 1035, 1052, and will not be imported by analogy into the present Rules Lloyd v. Dimmack, 7 Ch. D. 398. In the latter case two of five defendants became bankrupt, and it was held that the action
might proceed against the other three without bringing the Rule 303. trustees of the bankrupts before the Court. For other restrictions upon the application of Chy. G. O. 62, see Lewin, 6th Ed. 807. See also Wilson v. Rhodes, 8 Ch. D. 777. (Holmested & Langton, Jud. Act, p. 321).
Plaintiff sought in one action to get judgment upon two overdue promissory notes, and to obtain execution for this claim and a previously recovered judgment against two separate pieces of land conveyed by the maker of the notes to the two other defendants separately. Held, that these causes of action might be joined: Heaton v. McKellar, 13 Ont. P. R. 81 (1889). See also Chaput v. Robert, 14 Ont. A. R. at p. 362 (1887).
As to the nature of the liability between the holders, acceptors and indorsers of bills, see Duncan v. N. & S. W. Bank, 6 App. Cas. at p. 11 (1880).
C. C. 2279.
CIVIL CODE OF LOWER CANADA.
BOOK IV.-COMMERCIAL LAW.
TITLE I.-OF BILLS OF EXCHANGE, NOTES AND
Came into force August 1st, 1866; repealed September 1st, 1890, by the Bills of Exchange Act, s. 95, and second Schedule, except Articles 2341 and 2342 relating to evidence.]
BILLS OF EXCHANGE.
Of the nature and requisites of bills of exchange.
ARTICLE 2279. A bill of exchange is a written order by one person to another for the payment of money absolutely and at all events.-Pothier, Change, n. 3; 2 Pardessus, n. 330-; Smith's Merc. Law, 207-9; Bayley on Bills, 1; Story, B. E. n. 52, 53; 3 Kent, Com. 74; Coté v. Lemieux, 9 L. C. R. 221.
2280. It is essential to a bill of exchange-That it be in writing and contain the signature or name of the drawer;That it be for the payment of a specific sum of money only; -That it be payable at all events without any condition.Author. under a. 2279.